THE TESTIMONY OF CHRISTIANITY

'The Purgatory of St. Patrick became the framework of another
series of tales, embodying the Celtic ideas concerning the other life and its
different states. Perhaps the profoundest instinct of the Celtic peoples is
their desire to penetrate the unknown. With the sea before them, they wish to
know what is to be found beyond it; they dream of the Promised Land. In the face
of the unknown that lies beyond the tomb, they dream of that great journey which
the pen of Dante has celebrated.'--ERNEST RENAN.

THE best evidence offered by Christianity with direct bearing on the
Fairy-Faith comes from what may be designated survivals of transformed paganism
within the Church itself. Various pagan cults, which also came to be more or
less christianized, have been considered under Paganism; and in this chapter we
propose to examine the famous Purgatory of St. Patrick and the Christian rites
in honour of the dead.

ST. PATRICK'S PURGATORY

In the south of County Donegal, in Ireland, amid treeless mountains and
moorlands, lies Lough Derg or the Red Lake, containing an island which has long
been famous throughout Christendom as the site of St. Patrick's Purgatory. Even
today more than in the Middle Ages it is the goal of thousands

of pious pilgrims who repair thither to be purified of the accumulated sins
of a lifetime. In this age of commercialism the picture is an interesting and a
happy one, no matter what the changing voices of the many may have to say about
it.

The following weird legends, which during the autumn of 1919 I found
surviving among the Lough Derg peasantry, explain how the lough received its
present name, and seem to indicate that long before Patrick's time the lough was
already considered a strange and mysterious place, apparently an Otherworld
preserve. The first legend, based on two complementary versions, one from James
Ryan, of Tamlach Townland, who is seventy-five years old, the other from Arthur
Monaghan, a younger man, who lives about three miles from James Ryan, is as
follows:--'In his flight from County Armagh, Finn Mac Coul took his mother on
his shoulder, holding her by the legs, but so rapidly did he travel that on
reaching the shores of the lake nothing remained of his mother save the two
legs, and these he threw down there. Some time later, the Fenians, while
searching for Finn, passed the same spot on the lake-shore, and Cinen Moul (?),
who was of their number, upon seeing the shin-bones of Finn's mother and a worm
in one, said: "If that worm could get water enough it would come to something
great." "I'll give it water enough," said another of the followers, and at that
he flung it into the lake (later called Finn Mac Coul's lake). 1 Immediately the worm turned into an enormous water-monster.
This water-monster it was that St. Patrick had to fight and kill; and, as the
struggle went on, the lake ran red with the blood of the water-monster, and so
the lake came to be called Loch Derg (Red Lake).' The second legend, composed of
folk-opinions, was related by Patrick Monaghan, the caretaker of the Purgatory,
as he was rowing me to Saints' Island--the site of the original

purgatorial cave; and this legend is even more important for us than the
preceding one:--'I have always been hearing it said that into this lough St.
Patrick drove all the serpents from Ireland, and that with them he had here his
final battle, gaining complete victory. The old men and women in this
neighbourhood used to believe that Lough Derg was the last stronghold of the
Druids in Ireland; and from what I have heard them say, I think the old legend
means that this is where St. Patrick ended his fight with the Druids, and that
the serpents represent the Druids or paganism.'

These and similar legends, together with what we know about the purgatorial
rites, lead us to believe that in pre-Christian times Finn Mac Coul's Lake,
later called Lough Derg, was venerated as sacred, and that the cave which then
undoubtedly existed on Saints' Island was used as a centre for the celebration
of pagan mysteries similar in character to those supposed to have been
celebrated in New Grange. Evidently, in the ordeals and ceremonies of the modern
Christian Purgatory of St. Patrick, we see the survivals of such pagan
initiatory rites. Just as the cults of stones, trees, fountains, lakes, and
waters were absorbed by the new religion, so, it would seem, were all cults
rendered in prehistoric times to Finn Mac Coul's Lake and within the island
cave. Though the present location of the Purgatory is not the original place of
the old Celtic cults, there having been a transfer from Saints' Island to
Station Island, the present place of pilgrimage, where instead of the cave there
is the 'Prison Chapel', the practices, though naturally much modified and
corrupted, retain their primitive outlines. Patrick in his time ordered the
observance of the following ceremonies by all penitents before their entrance
into the original cave on Saints' Island; 1 and for a long time they were strictly carried out:--'The
visitor must first go to the bishop of the diocese, declare to him that he came
of his own free will,

and request of him permission to make the pilgrimage. The bishop warned him
against venturing any further in his design, and represented to him the perils
of his undertaking; but if the pilgrim still remained steadfast in his purpose,
he gave him a recommendatory letter to the prior of the island. The prior again
tried to dissuade him from his design by the same arguments that had been
previously urged by the bishop. If, however, the pilgrim still remained
steadfast, he was taken into the church to spend there fifteen days in fasting
and praying. After this the mass was celebrated, the holy communion administered
to him and holy water sprinkled over him, and he was led in procession with
reading of litanies to the entrance of the purgatory, where a third attempt was
made to dissuade him from entering. If he still persisted, the prior allowed him
to enter the cave, after he had received the benediction of the priests, and, in
entering, he commended himself to their prayers, and made the sign of the cross
on his forehead with his own hand. The prior then made fast the door, and opened
it not again till the next morning, when, if the penitent were there, he was
taken out and led with great joy to the church, and, after fifteen days'
watching and praying, was dismissed. If he was not found when the door was
opened, it was understood that he had perished in his pilgrimage through
purgatory; the door was closed again, and he was never afterwards
mentioned'.

An enormous mass of literary and historical material was recorded during the
mediaeval period, in various European vernaculars and in Latin, concerning St.
Patrick's Purgatory; and all of it testifies to the widespread influence of the
rites which already then as now attracted thousands of pilgrims from all parts
of Christendom. In the poem of Owayne Miles, 1 which forms part of this material, we find a poetical
description of the purgatorial initiatory rites quite comparable to Virgil's
account of Aeneas on his initiatory journey to Hades. The poem records how Sir
Owain was locked in the cave, and how, after a short time, he began to penetrate
its depths. He had but little light, and this

by degrees disappeared, leaving him in total darkness. Then a strange
twilight appeared. He went on to a hall and there met fifteen men clad in white
and with heads shaven after the manner of ecclesiastics. One of them told Owain
what things he would have to suffer in his pilgrimage, how unclean spirits would
attack him, and by what means he could withstand them. Then the fifteen men left
the knight alone, and soon all sorts of demons and ghosts and spirits surrounded
him, and he was led on from one torture and trial to another by different
companies of fiends. (In the original Latin legend there were four fields of
punishment.) Finally Owain came to a magic bridge which appeared safe and wide,
but when he reached the middle of it all the fiends and demons and unclean
spirits raised so horrible a yell that he almost fell into the chasm below. He,
however, reached the other shore, and the power of the devils ceased. Before him
was a celestial city, and the perfumed air which was wafted from it was so
ravishing that he forgot all his pains and sorrows. A procession came to Owain
and, welcoming him, led him into the paradise where Adam and Eve dwelt before
they had eaten the apple. Food was offered to the knight, and when he had eaten
of it he had no desire to return to earth, but he was told that it was necessary
to live out his natural life in the world and to leave his flesh and bones
behind him before beginning the heavenly existence. So he began his return
journey to the cave's entrance by a short and pleasant way. He again passed the
fifteen men clad in white, who revealed what things the future had in store for
him; and reaching the door safely, waited there till morning. Then he was taken
out, congratulated, and invited to remain with the priests for fifteen
days. 1

Here we have clearly enough many of the essential features of the underworld:
there is the mystic bridge which when crossed guarantees the traveller against
evil spirits, just as in Ireland a peasant believes himself safe when fairies
are pursuing him if he can only cross a bridge or stream. The celestial city is
both like the Christian Heaven and the Sidhe

world. The eating of angel food by Owain has an effect quite like that of
eating food in Fairyland; but Owain, by Christian influence, is sent back on
earth to die 'that death which the King of Heaven and Earth hath ordained,' as
Patrick said of the prince whom he saved from the Sidhe-folk. 1

A curious story, in which King Arthur himself is made to visit St. Patrick's
Purgatory, published during the sixteenth century by a learned Frenchman,
Stephanus Forcatulus, shows how real a relation there is between Purgatory and
the Greek or Roman Hades. Arthur, it is said, leaving the light behind him,
descended into the cave by a rough and steep road. 'For they say that this cave
is an entrance to the shades, or at least to purgatory, where poor sinners may
get their offences washed out, and return again rejoicing to the light of day.'
But Forcatulus adds that 'I have learnt from certain serious commentaries of
Merlin, that Gawain, his master of horse, called Arthur back, and dissuaded him
from examining further the horrid cave in which was heard the sound of falling
water which emitted a sulphureous smell, and of voices lamenting as it were for
the loss of their bodies'. 2

PURGATORIAL AND INITIATORY RITES

Judging from the above data and from the great mass of similar data
available, the religious rites connected with St. Patrick's Purgatory are to be
anthropologically interpreted

in the light of what is known about ancient and modern initiatory ceremonies,
similarly conducted. As has already been stated, the original Purgatory which
was in a cave on Saints' Island is to-day typified by 'Prison Chapel' on Station
Island; and in this 'Prison Chapel', as formerly in the cave, pilgrims, after
having fasted and performed the necessary preparatory penances, are required to
pass the night. Among the Greeks, neophytes seeking initiation, after similar
preparation, entered the cave-shrine recently discovered at Eleusis, the site of
the Great Mysteries, and therein, in the sanctum sanctorum, entered into
communion with the god and goddess of the lower world; 1 whereas in the original Purgatory Sir Owain and Arthur are
described as having come into contact with the Hades-world and its beings. In
the state cult at Acharaca, Greece, there was another cavern-temple in which
initiations were conducted. 1 The oracle of Zeus Trophonius was situated in a subterranean
chamber, into which, after various preparatory rites, including the invocation
of Agamedes, neophytes descended to receive in a very mysterious manner the
divine revelations which were afterwards interpreted for them. So awe-inspiring
were the descent into the cave and the sights therein seen that it was popularly
believed that no one who visited the cave ever smiled again; and persons of
grave and serious aspect were proverbially said to have been in the cave of
Trophonius. 2

The worship of Mithras, the Persian god of created light and all earthly
wisdom, who in time became identified with the sun, was conducted in natural and
artificial caves found in every part of the Roman Empire where his cult
flourished until superseded by Christianity; and in these caves very elaborate
initiations of seven degrees were carried out. The cave itself signified the
lower world, into which during the ordeals of initiation the neophyte was
supposed to enter while out of the physical body, that the soul might be
purged

by many trials. 1 In Mexico the cavern of Chalchatongo led to the plains of
paradise, evidently through initiations; and Mictlan, a subterranean temple,
similarly led to the Aztec land of the dead. 2

Among the most widespread and characteristic features of contemporary
primitive races we find highly developed mysteries (puberty institutions) of the
same essential character as these ancient mysteries. They are to uncivilized
youth what the Greek Mysteries were to Greek youth, and what colleges and
universities are to the youth of Europe and America, though perhaps more
successful than these last as places of moral and religious instruction. These
mysteries vary from tribe to tribe, though in almost all of them there is what
corresponds to the Death Rite in Freemasonry; that is to say, there is either a
symbolical presentation of death in a sacred drama--as there was among the
Greeks in their complete initiatory rites--or a state of actual trance imposed
upon each neophyte by the priestly initiators. The sanctum sanctorum of
these primitive mysteries is sometimes in a natural or artificial cavern (as was
the rule with respect to the Ancient Mysteries and St. Patrick's Purgatory on
Saints' Island); sometimes in a structure specially prepared to exclude the
light; or else the neophytes are symbolically or literally buried in an
underground place to be resurrected greatly purified and strengthened. 3 And the mystic purification at the sea-shore and spiritual
re-birth sought in the cave at Eleusis by the highly cultured Athenians and
their fellow Greeks, or among other cultured and uncultured ancient and modern
peoples through some corresponding initiation ceremony, find their parallel in
the purification and spiritual re-birth still sought in the Christian Purgatory,
now 'Prison Chapel', and in the lake waters, amid the solitude of sacred Lough
Derg, Ireland, by thousands of earnest pilgrims from all parts of the
world. 4

There is a correspondence between this conclusion and what was said about the
initiatory aspects of the Aengus Cult; and should we try to connect the
Purgatory with some particular sun-cult of a character parallel to that of the
Aengus Cult we should probably have to name Lug, the great Irish sun-god,
because of the significant fact that the purgatorial rites on Station Island
come to an end

on the Festival of the Assumption of the Blessed Virgin, the 15th of August,
a date which apparently coincides sufficiently to represent, as it probably
does, the ancient August Lugnasadh, the 1st of August, a day sacred to the
sun-god Lug, as the name indicates. 1

If we are to class together the original Purgatory, New Grange, Gavrinis, and
other Celtic underground places, as centres of the highest religious practices
in the past, we should expect to discover that many similar structures or
natural caverns existed in pagan Ireland, as indeed we find they did. Thus in
different Irish manuscripts various caves are mentioned, 2 and most of them, so far as they can be localized, are
traditionally places of supernatural marvels, and often (as in the case of the
last one enumerated, the Cave of Cruachan) are directly related to the
under-world. 3 Another of these caves is described as being under a church,
which circumstance suggests that the church was dedicated over an underground
place originally sacred to pagan worship, and, as we may safely assume, to pagan
mysteries.

The curious custom among early Irish Christians, of retiring for a time to a
cave, seems to show the lasting into historical times of the pagan cave-ritual
now surviving at Lough Derg only. The custom seems to have been common among the
saints of Britain and of Scotland; 4 and in Stokes's Tripartite Life of Patrick (p. 242)
there is a very significant reference to it. In the Mabinogion story of
Kulhwch and Olwen there seems to be another traditional echo of the times
when caves were used for religious rites or worship, in the author's reference
to the cave of the witch Orddu as being 'on the confines of Hell'. A cave was
thus popularly supposed

to lead to Hades or an underworld of fairies, demons, and spirits; again just
as in St. Patrick's Purgatory. Purely Celtic instances of this kind might be
greatly multiplied.

PAGAN ORIGIN OF PURGATORIAL DOCTRINE

The metrical romance of Orfeo and Herodys in Ritson's Collection of
Metrical Romances1 illustrates how in Britain (and Britain--even England--is
more Celtic than Saxon) the Grecian Hell or Hades was looked on as identical
with the Celtic Fairyland. This is quite unusual; and for us is highly
significant. It shows that in Britain, at the time the romance was written,
there was no essential difference between the underworld of fairies and the
underworld of shades. Pluto's realm and the realm where fairy kings and fairy
queens held high revelry were the same. The difference is this: Hades was an
Egyptian and in turn a Greek conception, while Fairyland was a Celtic
conception; they differ as the imagination at work on a philosophical doctrine
differs among the three peoples, and not otherwise. And, as Wright has shown,
the origin of Purgatory in the Roman Church is very obscure. As to the location
of Purgatory, Roman theology confesses it has nothing certain to say. 2 The natural conclusion, as we suggested in our study of
Re-birth, would seem to be that the Irish doctrine of the Otherworld in all its
aspects, but especially as the underground world of the Sidhe or
fairy-folk, was combined with the pagan Graeco-Roman doctrine of Hades in St.
Patrick's Purgatory, and hence gave rise to the modern Christian doctrine of
Purgatory.

CHRISTIAN RITES IN HONOUR OF THE DEPARTED

We may now readily pass from an examination of worldwide rites concerned with
death and re-birth, which are based on an ancient sun-cult, to an examination of
their shadows in the theology of Christianity, where they are commonly known as
the rites in honour of the departed. It seems to

be clear at the outset that the Christian Fête in Commemoration of the Dead,
according to its history, is an adaptation from paganism; and with so many Irish
ecclesiastics, or else their disciples, educated in the Celtic monasteries of
Britain and Ireland, having influence in the Church during the early centuries,
there is a strong probability that the Feast of Samain had something to
do with shaping the modern feast, as we have suggested in the preceding chapter;
for both feasts originally fell on the first of November. Roman Catholic writers
record that it was St. Odilon, Abbot of Cluny, who instituted in 998 in all his
congregations the Fête in Commemoration of the Dead, and fixed its anniversary
on the first of November; and that this fête was quickly adopted by all the
churches of the East. 1 To-day in the Roman Church both the first and second of
November are holy days devoted to those who have passed out of this life. The
first day, the Fête of All the Saints (La Toussaint), is said to have
originated thus: the Roman Pantheon--Pantheon meaning the residence of all the
gods--was dedicated to Jupiter the Avenger, and when Christianity triumphed the
pagan images were overthrown, and there was thereupon originally established, in
place of the cult of all the gods, the Fête of all the Saints. 2 Why La Toussaint should have become a feast of the
dead would be difficult to say unless we admit the ancient Celtic feast of the
dead as having amalgamated with it. This we believe is what took place; for if
the Fête in Commemoration of the Dead was, as some authorities hold, established
by St. Odion to fall on the first of November, in direct accord with Samain
or Halloween, then at some later period it was displaced by La
Toussaint, for now it is celebrated on the second of November.

receive emphasis on the first two days of November, seem to have had their
origin in pre-Christian cults. According to Mosheim, in his Histoire
ecclésiastique, 1 the usage of celebrating the Sacrament at the tombs of
martyrs and at funerals was introduced during the fourth century; and from this;
usage the masses for the saints and for the dead originated in the eighth
century. Prior to the fourth century we find the newly converted Christians in
all parts of Celtic Europe, and in many countries non-Celtic, still rendering a
cult to ancestral spirits, making food offerings at the tombs of heroes, and
strictly observing the very ancient November feast, or its equivalent, in honour
of the dead and fairies. Then, very gradually, in the course of four centuries,
the character of the Christian cults and feasts of the saints and of the dead
seems to have been determined. The following citation will serve to illustrate
the nature of Irish Christian rites in honour of the dead:--In the Lebar
Brecc2 we read: 'There is nothing which one does on behalf of the
soul of him who has died that doth not help it, both prayer on knees, and
abstinence, and singing requiems, and frequent blessings. Sons are bound to do
penance for their deceased parents. A full year, now, was Maedóc of Ferns, with
his whole community, on water and bread, after loosing from hell the soul of
Brandub son of Echaid.'

According to St. Augustine, the souls of the dead are solaced by the piety of
their living friends when this expresses itself through sacrifice made by the
Church; 3 St. Ephrem commanded his friends not to forget him after
death, but to give proofs of their charity in offering for the repose of his
soul alms, prayers, and sacrifices, especially on the thirtieth day; 3 Constantine the Great wished to be interred under the Church
of the Apostles in order that his soul might be benefited by the prayers offered
to the saints, by the mystic sacrifice, and by the holy communion. 3 Such prayers and

sacrifices for the dead were offered by the Church sometimes during thirty
and even forty days, those offered on the third, the seventh, and the thirtieth
days being the most solemn. 1 The history of the venerable Bede, the letters of St.
Boniface, and of St. Lul prove that even in the ancient Anglican church prayers
were offered up for the souls of the dead; 2 and a council of bishops held at Canterbury in 816 ordered
that immediately after the death of a bishop there shall be made for him prayers
and alms. 2 At Oxford, in 1437, All Souls College was founded, chiefly
as a place in which to offer prayers on behalf of the souls of all those who
were killed in the French wars of the fifteenth century.

CONCLUSION

As seems to be evident from this and the two preceding chapters, all these
fêtes, rites, or observances of Christianity have a relation more or less direct
to paganism, and thus to ancient Celtic cults and sacrifice offered to the dead,
to spirits, and to the Tuatha De Danann or Fairies. And the same set of ideas
which operated among the Celts to create their Fairy-Mythology--ideas arising
out of a belief in or knowledge of the one universal Realm of Spirit and its
various orders of invisible inhabitants--gave the Egyptians, the Indians, the
Greeks, the Romans, the Teutons, the Mexicans, the Peruvians, and all nations
their respective mythologies and religions; and we moderns are literally 'the
heirs of all the ages'.

Footnotes

443:1 J.
G. Campbell collected in Scotland two versions of a parallel episode, but
concerning Loch Lurgan. In both versions the flight begins by Fionn's
foster-mother carrying Fionn, and in both, when she is tired, Fionn carries her
and runs so fast that when the loch is reached only her shanks are left.
These he throws out on the loch, and hence its name Loch Lurgan, 'Lake of
the Shanks.' (The Fians, pp. 18-19).

444:1
During the seventeenth century, the English government, acting through its
Dublin representatives, ordered this original Cave or Purgatory to be
demolished; and with the temporary suppression of the ceremonies which resulted
and the consequent abandonment of the island, the Cave, which may have been
filled up, has been lost.

447:1 In
the face of all the legends told of pilgrims who have been in Patrick's
Purgatory, it seems that either through religious frenzy like that produced in
Protestant revivals, or else through some strange influence due to the cave
itself after the preliminary disciplines, some of the pilgrims have had most
unusual psychic experiences. Those who have experienced fasting and a rigorous
life for a prescribed period affirm that there results a changed condition,
physical, mental, and spiritual, so that it is very probable that the Christian
pilgrims to the Purgatory, like the pagan pilgrims who 'fasted on' the Tuatha De
Danann in New Grange, were in good condition to receive impressions of a
psychical nature such as the Society for Psychical Research is beginning to
believe are by no means rare to people susceptible to them. Neophytes seeking
initiation among the ancients had to undergo even more rigorous preparations
than these; for they were expected while entranced to leave their physical
bodies and in reality enter the purgatorial state, as we shall presently have
occasion to point out.

449:4 In
the ancient Greek world the annual celebration of the Mysteries p. 250 drew great concourses
of people from all regions round the Mediterranean; to the modern Breton world
the chief religious Pardons are annual events of such supreme importance that,
after preparing plenty of food for the pilgrimage, the whole family of a pious
peasant of Lower Brittany will desert farm and work dressed in their beautiful
and best costumes for one of these Pardons, the most picturesque, the most
inspiring, and the highest folk-festivals still preserved by the Roman Church;
while to Roman Catholics in all countries a pilgrimage to Lough Derg is the
sacred event of a lifetime.

In the Breton Pardons, as in the purgatorial rites, we seem to see the
survivals of very ancient Celtic Mysteries strikingly like the Mysteries of
Eleusis. The greatest of the Pardons, the Pardon of St. Anne d'Auray, will serve
as a basis for comparison; and while in some respects it has had a recent and
definitely historical origin (or revival), this origin seems on the evidence of
archaeology to have been a restoration, an expansion, and chiefly a
Christianization of prehistoric rites then already partly fallen into decay.
Such rites remained latent in the folk-memory, and were originally celebrated in
honour of the sacred fountain, and probably also of Isis and the child, whose
terra-cotta image was ploughed up in a neighbouring field by the famous peasant
Nicolas, and naturally regarded by him and all who saw it as of St. Anne and the
Holy Child. Thus, in the Pardon of St. Anne d'Auray, which extends over three
days, there is a torch-light procession at night under ecclesiastical sanction;
as in the Ceres Mysteries, wherein the neophytes with torches kindled sought all
night long for Proserpine. There are purification rites, not especially under
ecclesiastical sanction, at the holy fountain now dedicated to St. Anne, like
the purification rites of the Eleusinian worshippers at the sea-shore and their
visit to a holy well. There are mystery plays, recently instituted, as in Greek
initiation ceremonies; sacred processions, led by priests, bearing the image of
St. Anne and other images, comparable to Greek sacred processions in which the
god Iacchos was borne on the way to Eleusis. The all-night services in the
dimly-lighted church of St. Anne, with the special masses in honour of the
Christian saints and for the dead, are parallel to the midnight ceremonies of
the Greeks in their caves of initiation and to the libations to the gods and to
the spirits of the departed at Greek initiations. Finally, in the Greek
mysteries there seems to have been some sort of expository sermon or exhortation
to the assembled neophytes quite comparable to the special appeal made to the
faithful Catholics assembled in the magnificent church of St. Anne d'Auray by
the bishops and high ecclesiastics of Brittany. (For these Classical parallels
compare Farnell, Cults of the Greek States, iii, passim.)

451:3
There is this very significant legend on record about the Cave of
Cruachan:--'Magh Mucrime, now, pigs of magic came out of the cave of Cruachain,
and that is Ireland's gate of Hell.' And 'Out of it, also, came the Red Birds
that withered up everything in Erin that their breath would touch, till the
Ulstermen slew them with their slings.' (B. of Leinster, p. 288 a;
Stokes's trans., in Rev. Celt., xiii. 449; cf. Silva Gadelica, ii.
353)

453:1
Cf. Godescard, Vies des Saints, xi. 32. But there is some disagreement in
this matter of dates: Petrus Damianus, Vita S. Odilonis, in the
Bollandist Acta Sanctorum, January 1, records a legend of how the Abbot
Odion decreed that November 2, the day after All Saints' Day, should be
set apart for services for the departed (cf. Tylor, Prim.
Cult.,4 ii. 37 n.).